TOWN OF WEST SPRINGFIELD

INVITATION FOR BIDS

CONTRACT AGREEMENT

FOR

IFB # 27-0023

ROGERS AVENUE WATER STORAGE TANK BYPASS

PROVISIONS

INVITATION FOR BID

IFB # 27-0023

ROGERS AVENUE WATER STORAGE TANK BYPASS PROVISIONS

LEGAL ADVERTISEMENT 3

IFB REQUIREMENT SUMMARY 5

GENERAL INFORMATION AND BID SUBMISSION REQUIREMENTS 6

SCOPE OF SERVICE 11

QUALIFICATIONS OF CONTRACTORS 13

RESPONSIBILITIES OF CONTRACTORS 14

EVALUATION FORM 15

ADDITIONAL CONTRACT TERMS AND CONDITIONS 16

BID FORM 17

CERTIFICATE AS TO CORPORATE BIDDER 26

BIDDER INFORMATION 27

LABOR HARMONY AND OSHA TRAINING CERTIFICATION 28

CERTIFICATE OF NON-COLLUSION 29

TAX COMPLIANCE CERTIFICATION 30

CERTIFICATE OF COMPLIANCE - PREVAILING WAGE LAW 31

DEBARMENT DISCLOSURE FORM 32

BID SIGNATURE PAGE (Individual) 33

BID SIGNATURE PAGE (Partnership) 34

BID SIGNATURE PAGE (LLC) 35

BID SIGNATURE PAGE (Corporation) 36

APPENDICES

APPENDIX A: CONTRACT & GENERAL CONDITIONS

APPENDIX B: PREVAILING WAGE RATES

APPENDIX C: TECHNICAL SPECIFICATIONS

APPENDIX D: DRAWINGS

Town of West Springfield

Jaime Flores 26 Central Street, Suite 32 Procurement Administrator West Springfield, MA 01089

(413) 495-1732 | jflores@tows.org

LEGAL ADVERTISEMENT

INVITATION FOR BID

ROGERS AVENUE WATER STORAGE TANK BYPASS PROVISIONS (IFB # 27-0023)

The Town of West Springfield, through its Department of Public Works, is seeking sealed bids from qualified contractors for water distribution system improvements, drainage installation, and associated site restoration at the Rogers Ave water storage tank. The project has a $570,000.00 budget.

All bids for this project are subject to the provisions of M.G.L. Chapter 30, Section 39M, inclusive as amended. Minimum Wage Rates as determined by the Commissioner of the Department of Labor and

Industries under the provision of the Massachusetts General Laws, Chapter 149, Sections 26 to 27H, as amended, apply to this project.

Specifications may be obtained from:

https://www.townofwestspringfield.org/government/departments/finance/procurement-bids

There will be a site walk-through held on Monday, November 23, 2026 at 1:00 PM. All interested parties should meet Town Representatives at the Rogers Ave tank location on Toccoa Lane, between 77 and 95

Winona Drive, West Springfield.

Any questions concerning this IFB must be sent in writing by 4:00 PM on December 1, 2026 to Jaime

Flores, Procurement Administrator at jflores@tows.org.

All Bids shall be sealed and addressed to: Jaime Flores, Procurement Administrator, 26 Central Street, Suite 32, West Springfield, MA 01089. Sealed proposals will be received in the Law Department until

10:00 AM, local time, December 10, 2026. There is also a special mailbox set up in the lobby of the Town

Hall labeled “bids” for bidders who wish to physically drop off their bids. All electronic bids can be submitted at https://www.bidnetdirect.com/massachusetts/townofwestspringfield

All work shall be completed by October 31, 2027. A $500/day penalty charge will be assessed if the contractor does not meet the specified final completion date.

Each bid must be accompanied by a Bid Bond from a licensed surety company, or a Certified check, or a

Treasurer’s or Cashier’s check in the amount of five (5%) percent of the base bid payable to the Town of

West Springfield.

A Payment bond and a performance bond in the amount of 100% of the Contract Price will be required https://www.townofwestspringfield.org/government/departments/finance/procurement-bids mailto:jflores@tows.org https://www.bidnetdirect.com/massachusetts/townofwestspringfield of the Successful Bidder. The successful bidder will also be required to furnish workmen’s compensation insurance and public liability insurance.

This contract will be awarded only to a responsive and responsible bidder whose bid meets all of the requirements in the specifications. The contract shall be awarded by the Chief Procurement Officer, which reserves the right to waive any informalities, to accept or reject, in part or in whole, any and all proposals or to take whatever action may be deemed to be in the best interest of the Town of West

Springfield. Bids will remain firm for sixty (60) days following the opening of proposals.

IFB REQUIREMENT SUMMARY

Bid Number 27-0023

Bid Title Rogers Avenue Water Storage Tank Bypass Provisions

Release Date November 5, 2026

Pre-Bid Conference November 23, 2026 at 1:00 PM

Questions Due December 1, 2026 by 4:00 PM

Bids Due December 10, 2026 at 10:00 AM

Services Start Date Upon contract execution

REQUIRED SUBMITTALS

Bid Form

Bid Deposit

References

Bidder Information

Labor Harmony & OSHA Training Certification

Certificate of Non-Collusion

Tax Compliance Certificate

Certificate of Compliance - Prevailing Wage Law

Certificate as to Corporate Bidder

Applicable Signature Page

Debarment Disclosure Form

Acknowledgement of Addendum (if applicable)

I. GENERAL INFORMATION AND BID SUBMISSION REQUIREMENTS

A. Pre-Bid Conference

There will be a pre-bid walkthrough held on Monday, November 23, 2026 beginning at

1:00 PM. All interested parties should meet Town Representatives at the Rogers Ave tank location on Toccoa Lane, between 77 and 95 Winona Drive, West Springfield.

B. Questions from Prospective Proposers

Questions concerning this Invitation for Bid must be submitted in writing to: Town of

West Springfield Attn: Jaime Flores, 26 Central St, Suite 32, West Springfield, MA 01089 or jflores@tows.org before 4:00 PM, December 1, 2026. Questions may be delivered, mailed or emailed. Written responses will be emailed to all proposers on record as having registered for the IFB.

C. Addenda

If any changes are made to this IFB, an addendum will be issued. Addenda will be emailed to all proposers on record as having picked up the IFB. Addenda will also be posted to the Town’s Website and Bidnetdirect.

D. Time and Date Bids Must be Delivered

Sealed bids will be received in the Legal Department until 10:00 AM, local time, on

December 10, 2026. NO BIDS WILL BE ACCEPTED AFTER THE TIME AND DATE SPECIFIED.

All hard copy bids shall be sealed and addressed to: Jaime Flores, Procurement

Administrator, Town of West Springfield, 26 Central Street, Suite 32, West Springfield, MA 01089.

SPECIAL INSTRUCTIONS FOR BID PACKAGE DELIVERIES: If the proposal is to be dropped off in person, it may be left in the bid box in the lobby of Town Hall or delivered to the

Legal Department on the third floor. Please leave yourself ample time before the deadline time to deliver your proposal

All electronic bid submittals (preferred) can be submitted through Bidnet Direct at

Do not submit an electronic and hard copy proposal.

E. Late Bids

The Town assumes no responsibility for late submissions due to mail, courier, or delivery problems. LATE BIDS WILL NOT BE CONSIDERED.

F. Number of Copies of the Proposal Required

The bidder shall submit one (1) original copy of their bid.

mailto:jflores@tows.org

G. Bid Envelope

The sealed bid envelope should be marked: "IFB #27-0023: Rogers Avenue Water

Storage Tank Bypass Provisions" and endorsed with the name and business address of the bidder.

1. A bid by an individual shall show his name and official address.

2. A bid by a partnership must be executed in the partnership name and signed by a partner accompanied by evidence of authority to sign. His title must appear under this signature and the official address of the partnership shall be shown.

3. A bid by a Limited Liability Company (LLC) must be executed in the full legal name of the LLC by a member or manager authorized to sign on behalf of the

LLC. The signer's title or capacity shall appear under the signature, and evidence of the signer's authority to execute the bid on behalf of the LLC shall be provided upon request. The state in which the LLC is organized and its official business address shall be shown.

4. A bid by a corporation must be executed in the corporate name by an officer of the corporation and must be accompanied by a certified copy of a resolution of the board of directors authorizing the person signing the Quote to do so on behalf of the corporation. The corporate seal shall be affixed and attested to by the secretary. The state of incorporation and the official corporate address shall be shown.

H. Bids Must Be Signed By Authorized Individuals

All bids must contain the bid signature page. Faxed proposals will not be considered. A proposal must be signed as follows:

1. If the bidder is an individual, by him/her personally;

2. If the bidder is a partnership, by the name of the partnership, followed by the signature of each general partner; or

3. If the bidder is a corporation, by the authorized officer, whose signature must be attested to by the Clerk/Secretary of the corporation and the corporate seal affixed.

I. Maximum Time for Proposal Acceptance

The contract will be awarded within thirty (30) days after the proposal opening. The time for award may be extended for up to thirty (30) additional days by mutual agreement between the Town and the responsive and responsible proposer offering the most advantageous proposal as determined by the chief procurement officer.

J. Modifying or Withdrawing Bids

A bidder may correct, modify, or withdraw a bid by written notice received by the Town prior to the time and date set for the bid opening. Bid modifications must be submitted in a sealed envelope clearly labeled "Modification No. __." Each modification must be numbered in sequence, and must reference the original IFB. After the bid opening, a bidder may not change any provision of the bid in a manner prejudicial to the interests of the Town or fair competition. Minor informalities will be waived or the bidder will be allowed to correct them. If a mistake and the intended bid are clearly evident on the face of the bid document, the mistake will be corrected to reflect the intended correct bid, and the bidder will be notified in writing; the bidder may not withdraw the bid. A bidder may withdraw a bid if a mistake is clearly evident on the face of the bid document, but the intended correct bid is not similarly evident.

K. Right to Cancel or Reject Bids

The Town may cancel this IFB, or reject in whole or in part any and all bids, if the Town determines that cancellation or rejection serves the best interest of the Town.

L. Bid Prices

All bid prices submitted in response to this IFB must remain firm for sixty (60) days following the bid opening.

M. Unexpected Closures

If, at the time of the scheduled proposal opening, the Municipal Office Building is closed to the public, due inclement weather or another unforeseeable event, the bid opening will be extended until 10:00 AM on the next business day. Bids will be accepted until that date and time.

N. Required Forms The bid must include the following:

1. Bid Deposit

2. References

3. Bidder Information

4. Bid Form

5. Labor harmony and OSHA training certificate

6. Certificate of non-collusion

7. Tax compliance certificate

8. Certificate of compliance - prevailing wage law,

9. Debarment Disclosure Form

10.Certificate as to Corporate Bidder

11.Applicable signature page

12.Acknowledgement of Addendum (if applicable)

O. Bid Deposit

Each bidder shall enclose with the bid an acceptable bid deposit in the amount of 5% of the submitted bid. A bid deposit must be in the form of a certified check or Treasurer’s check issued by a responsible bank, payable to the Town of West Springfield. A bid bond shall be issued by a company licensed to do business in the Commonwealth of

Massachusetts. In the event that the successful bidder fails to execute a contract within ten (10) business days of receipt of notification of bid award, the Awarding Authority shall retain such security as liquidated damages. Unsuccessful bidders’ deposits will be returned within twenty (20) business days following the award to said successful bidder.

P. Contract Securities

A Payment bond and a Performance bond in the amount of 100% of the Contract Price will be required of the Successful Contractor. Payment and Performance Bonds submitted shall be posted by a recognized surety company having a place of business in the Commonwealth of Massachusetts. All Payment Bonds signed by an agent must be accompanied by a certified copy of the authority to act. When the Successful Contractor delivers the executed Agreement to the Town, the Agreement shall be accompanied by the required contract securities. The successful contractor will also be required to furnish workmen’s compensation insurance and public liability insurance.

Q. Example Contract

An example contract is included in this bid package; this contract is included as a fair representation of the contract under which the Successful proposer will work. Please notice the Contract Agreement incorporates by reference all terms, specifications, and conditions of the proposal. There will be no modifications allowed to the Town’s

Contract.

R. Contract Execution

When the Town gives a Notice of Award to the Successful Bidder, the successful bidder, within 10 days thereafter, will provide the required bonds and insurance certificate.

Within 10 days thereafter, the Successful Bidder shall sign the Agreement and attached documents to the Town. Within ten days thereafter, the Town shall deliver one fully signed counterpart to the Successful Bidder with a complete set of the Drawings with appropriate identification

S. References

List all contracts held the last 5 years that are similar in size and scope to this project that can be contacted regarding your work . The following information shall be included for each customer listed

1. Customer

2. Contact Name

3. Address

4. Phone Number

5. Email

6. Contract Dates & Amount

7. Brief description of services provided.

T. Change Orders

Change orders are not effective until, if, as and when signed by the Mayor and no work is to commence until the change orders are fully executed.

U. Sales Tax Exemption

Materials and equipment purchased for permanent installation in this project will be exempt from Massachusetts Sale and Use Tax. The exemption certificate number will be furnished to the Contractor. Each bidder shall take exemption into account in calculating their bid for the work.

V. Prevailing Wage Rates

Minimum Wage Rates as determined by the Commissioner of the Department of Labor and Industries under the provision of the Massachusetts General Laws, Chapter 149, Sections 26 to 27H, as amended, apply to this project.

W. Public Records Notice

All documents and materials submitted in response to this Invitation for Bids (IFB) are subject to the Massachusetts Public Records Law, M.G.L. Chapter 66, Section 10, and

Chapter 4, Section 7, Subsection 26 once the bid has been opened. In accordance with these laws, the Town cannot guarantee the confidentiality of any information submitted by a bidder. By submitting any materials in response to this IFB, the bidder acknowledges and agrees that all such materials are public records and may be disclosed upon request. Any attempt by a bidder to designate submitted materials as confidential, proprietary, or otherwise protected from disclosure will be void and disregarded.

Bidders submit materials at their own risk and should not include any information they consider confidential or exempt from public disclosure.

II. SCOPE OF SERVICE

A. Scope

The work generally consists of water distribution system improvement, drainage installation and associated site restoration, including the following:

1. Rogers Avenue Tank Improvements: Install approximately 25 linear feet of

24-inch ductile iron water main and three 24-inch gate valves with couplings.

Demolish and remove existing piping, valves, and concrete vaults, and extend and reconstruct the gravel access driveway.

2. Drainage Improvements: Install approximately 315 linear feet of 8-inch PVC drain line and a deep-sump catch basin at the Rogers Avenue tank.

3. Water Main Abandonment: Cap and abandon four existing water mains located on Toccoa Lane, Dewey Street, Great Plains Road, and Cornflower Drive.

4. Dewey Street Water Main Improvements: Connect the existing 6-inch ductile iron water main to the existing 8-inch ductile iron water main and reconnect the affected water service.

5. Great Plains Road Water Main Improvements: Install approximately 200 linear feet of 8-inch ductile iron water main to connect two existing dead-end 8-inch cast iron water mains.

6. Cornflower Drive Valve Installation: Installation of a new 18” gate valve with couplings

7. Restoration: Complete all associated surface restoration, including restoration of disturbed areas and existing site features affected by the Work.

All work shall include the necessary excavation, installation, connections, fittings, appurtenances, and related activities required to complete the improvements in accordance with the Contract Documents and applicable requirements.

B. Permits and fees

1. Obtain all necessary permits, licenses, and certificates and pay all fees and charges associated therewith.

2. Arrange for all inspections and obtain all necessary approval for the work.

C. Subcontracts

The Bidder is specifically advised that any person, firm, or other party to whom it is proposed to award a subcontract under this contract must be acceptable to the Owner.

D. Layout of work

Review Appendix D

E. Time

All work shall be completed by October 31, 2027. A $500/day penalty charge will be assessed if the contractor does not meet the specified final completion date.

F. Substitute and “Or Equal” Items

The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or “or equal” items. Whenever it is specified or described in the Bidding Documents that a substitute or “or equal” item of material or equipment may be furnished or used by the

Contractor if acceptable to the Town, application for such acceptance will not be considered until after the effective date of the Agreement. The procedure for submission of any such application by the Contractor and consideration by the Town is set forth in the General Conditions and may be supplemented in the General Requirements.

G. Waste material

1. All rubbish created under this section of the work shall be removed on a regular basis and at least once each week by this contractor.

2. Rubbish shall not be allowed to accumulate, create a hazard, or nuisance and shall be stored in location as directed by the owner. All rubbish or removed items shall be properly disposed of in accordance with all regulations therewith.

H. Cleaning and Removals

It shall be the responsibility of the contractor to remove all surplus material, cartons, and materials made obsolete by this renovation, and other debris caused by work under this contract, each day from the site.

I. Guarantee warranty

The contractor shall and hereby does warrant that all work executed and all equipment furnished under this contract shall be free from defects of workmanship and materials for a period of one (1) year. All manufacturers’ warranties shall be honored to their extent.

III. QUALIFICATIONS OF CONTRACTORS

The Contractor shall possess the experience, qualifications, personnel, equipment, and resources necessary to successfully complete the Work. At a minimum, the following qualifications shall apply:

A. Relevant Experience: The Contractor shall have a minimum of five (5) years of experience performing municipal water distribution system construction, water main installation, replacement, and rehabilitation projects of similar size and scope.

B. Comparable Projects: The Contractor shall demonstrate successful completion of at least three (3) projects within the past five (5) years involving water main installation, ductile iron piping, large-diameter valves, water service connections, and associated utility improvements. Experience with water main abandonment, drainage installation, and roadway restoration is also preferred.

C. Qualified Personnel: The Contractor shall provide experienced supervisory personnel and qualified field crews with demonstrated experience in water distribution system construction. The designated project superintendent shall have prior experience overseeing projects of comparable size and complexity.

D. Equipment and Resources: The Contractor shall have access to the equipment, tools, materials, and resources necessary to perform excavation, trenching, pipe installation, valve installation, water service connections, drainage installation, backfilling, compaction, and surface restoration.

E. Regulatory Compliance: The Contractor shall comply with all applicable federal, state, and local regulations, including OSHA excavation and trench safety requirements, Massachusetts Dig Safe requirements, applicable environmental regulations, and all applicable municipal water system construction standards and specifications.

F. Subcontractors: Any subcontractors proposed to perform portions of the Work shall possess the appropriate experience, qualifications, and resources necessary to complete their assigned work. The Contractor shall remain fully responsible for all subcontracted work.

G. References: The Contractor shall provide a list of at least five (5) recent projects of similar nature, including the project name, owner, location, approximate contract value, completion date, and owner contact information.

The Owner reserves the right to evaluate the Contractor's qualifications, experience, references, and demonstrated ability to successfully perform the Work.

IV. RESPONSIBILITIES OF CONTRACTORS

It is the responsibility of each Contractor before submitting a bid to:

A. Examine and carefully study these Documents, and the other related data:

B. Visit the Site, become familiar with and satisfy himself as to the general, local, and Site conditions that may affect cost, progress, or performance of the Work;

C. Become familiar with and satisfy himself/herself as to all federal, state and local Laws and Regulations that may affect cost, progress or performance of the Work;

D. Agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Quote for performance of the Work at the price quote and within the times and in accordance with the other terms and conditions of the Documents;

E. Promptly give the Town written notice of all conflicts, errors, ambiguities, or discrepancies that the Contractor discovers in the Documents and confirm that the written resolution thereof by the Town is acceptable to the Contractor; and

F. Determine that the Documents are generally sufficient to indicate and convey an understanding of all terms and conditions for performance of the Work.

V. EVALUATION FORM

A. The contract will be awarded to the responsible and responsive bidder who offers the lowest price.

B. A responsive bidder must have completed and submitted all of the required bid documents.

1. Bid Pricing Sheet

2. Certificate of Non-Collusion

3. Certificate of Compliance with Prevailing Wage Law

4. Tax Compliance Certification Form

5. Labor Harmony and OSHA Training Certification

6. Bidder Information and Reference Form

7. Applicable Signature Pages

8. Acknowledgement of Bid Addenda (if any)

9. Bid deposit in the required amount and form

C. A responsible bidder will be determined based on:

1. Completeness of the bid

2. The ability of the contractor to meet the scope of services

3. References

4. Ability to complete the project in the timelines/schedule outlined in these specs

D. References will be checked as part of the minimum criteria. Failure to contact a reference due to inaccurate information supplied or an unfavorable recommendation from a reference can be considered as being non-responsive on the Bidder’s part.

VI. ADDITIONAL CONTRACT TERMS AND CONDITIONS

A. The Town reserves the right to cancel the contract upon written notice.

B. Bids which are incomplete, not properly endorsed, or signed, or otherwise contrary to these instructions will be rejected as informal by the Procurement Administrator.

C. Conditional bids Will Not Be Accepted.

D. As the Town of West Springfield is exempt from the payment of Federal Excise Taxes, and

Massachusetts Sales Tax, prices quoted herein are not to include these taxes.

E. The supplier will be bound by all applicable statutory provisions of law of the Federal

Government, the Commonwealth of Massachusetts, and the Town of West Springfield

F. The vendor shall not assign, sell, subcontract or otherwise transfer any interest in this contract without the prior written consent of the Town.

G. The selected consultant will be required to execute the standard Town of West

Springfield contract (attached as Appendix A) without modifications.

H. All work shall be completed by October 31, 2027. A $500/day penalty charge will be assessed if the contractor does not meet the specified final completion date.

BID FORM

ROGERS AVENUE WATER STORAGE TANK BYPASS PROVISIONS (IFB #27-0023)

Bidder Name:

The Owner reserves the right to reject any bid in the event that any bid item or items are obviously unbalanced or appear to the Owner to be so unbalanced as to affect or to be liable to adversely affect any interest of the Owner.

The Owner reserves the right to reject any or all bids if it deems it to be in its best interest to do so.

The Owner reserves the right to award the Contract based on sufficiency of appropriated funds to complete the work.

Bidders must bid on each item of the Bid. All entries in the entire BID must be made clearly and in ink;

prices bid must be written in both words and figures. In case of discrepancy, the amount shown in words will govern.

Bidders shall insert extended item prices obtained from quantities and unit prices. In case of discrepancy between the products obtained by multiplying the estimated quantity by the unit price, the actual product shall apply. In case of discrepancy between the sum of the total figure of the items and the total amount listed, the actual sum shall apply.

Bidders shall provide a balanced bid where each lump sum or unit price submitted adequately accounts for all work, including but not necessarily limited to, labor, equipment and incidentals necessary to complete the work required by the Contract Documents in the prescribed manner and within the allotted time frame.

In the event the lowest bids from responsive and responsible bidders are tied, the following methods of breaking the tie shall be employed unless otherwise provided for in these bid documents: The bidder's names shall be entered on a slip of paper and placed in a hat. The award shall then be made to the bidder whose slip is drawn from the hat. The drawing of the slip from the hat shall be performed in the presence of the tied bidders unless they waive their right to be present in writing.

Refer to the Measurement and Payment, in the Technical Specifications, for Item Descriptions.

A. Pursuant to and in compliance with your Invitation for Bids 27-0023 and other documents relating thereto, the undersigned hereby proposes to furnish all the labor, materials, equipment and insurance required for or in connection with the Town of West Springfield, Massachusetts, in strict accordance with the Specifications for the sum specified below.

B. The undersigned offers and agrees, if this bid be accepted, within 30 days from the date of opening to provide and furnish any and all items upon which prices are quoted, at the price set opposite each item. The prices shall cover all labor, materials, insurance, transportation and other necessary expenses to fulfill the conditions of the contract within the time stated.

C. The successful bidder will produce and furnish the approximate quantities of items shown below in a manner prescribed hereunder. These item quantities are being given as a basis for the comparison of the bids only, and the Town of West Springfield does not expressly or by implication agree that the actual quantities to be purchased will correspond therewith, but reserves the right to increase or decrease the quantities of all items as may be deemed necessary or expedient by the Town of West Springfield.

D. The undersigned, as bidder, declares that the only persons or parties interested in this proposal as principals are those named herein; that this proposal is made without collusion with any other person, firm or corporation; that he has carefully examined the location of the proposed work, the proposed form of contract, the standard specifications and plans therein referred to and the Special Provisions hereto attached; and he proposes and agrees, if this proposal is accepted, that he will contract with the Town of West Springfield, in the form of contract contained herein, and that he will take in full payment the unit prices attached to this Bid Form.

E. The undersigned agrees that if within 30 days subsequent to the date of the opening of bids, notice that this proposal will be accepted by the Town of West Springfield shall be mailed to him at the at the business address given below, or shall be delivered to him, he will, within ten (10) days thereafter, deliver to the Town of West Springfield, where directed, a contract conforming to that annexed, properly executed in such number of counterparts as may be required by the

Town of West Springfield, with such changes therein as shall have been made by the Town of

West Springfield prior to the time named for delivery of this proposal, together with a payment bond of a surety company, which surety company shall be authorized to transact business in the

Commonwealth of Massachusetts and duly qualified therefore, the premiums for which are to be paid by the Contractor and are included in the contract sum.

F. The undersigned guarantees that if awarded the contract, they will complete the work by

October 31, 2027.

G. In submitting this bid, it is understood that the Town of West Springfield reserves the right to reject any or all bids and to waive any informalities in bidding, if it be in the public interest to do

so. It is also agreed that this bid may not be withdrawn for a period of thirty (30) days following the date of opening the bids, without the consent of the Town of West Springfield.

BASE BID

Item No.

Item Description & Unit Price in Words Unit

Est.

Qty

Unit Bid Price

(In Figures)

Total in Dollars

Mobilization and Demobilization *Not to exceed 5 percent of the total Bid price

Dollars

And Cents

LS 1

Traffic Control

Uniformed Traffic Control

Eight Thousand Five Hundred Dollars

And Zero Cents

Allow 1

$8,500.00

$8,500.00

Ordinary Borrow

CY 30

Rock Excavation

CY 120

Test Pits

CY 40

Water Main and Valve Upgrades on Toccoa Lane

8” PVC Drain Installation on Toccoa Lane

Gravel Driveway Repair on Toccoa Lane

18” Water Main Cap on Cornflower Drive

8” Water Main Extension on Great Plains Road

24” Water Main Cap on Dewey Street

8” Water Main Extension on Great Plains Road

Capping 12”, 12”, and 24” DI Water Mains on Great Plains

Road

Monthly Adjustment for Hot Mix Asphalt Mixtures

Two Hundred Fifty Dollars

ALL 1 $250.00 $250.00

Total Base Bid (In Words)

Total Base Bid (In Dollars)

Monthly Adjustment for Diesel Fuel

One Hundred Dollars

ALL 1 $100.00 $100.00

Monthly Adjustment for Gasoline

One Hundred Dollars

ALL 1 $100.00 $100.00

Total Add Alt #1 (In Words)

Total Add Alt #1 (In Dollars)

Total Base Bid + Add Alt #1 (In Words)

Total Base Bid + Add Alt #1 (In Dollars)

Add Alt #1 - Cornflower Drive

Item No.

Item Description & Unit Price in Words Unit

Est.

Qty

Unit Bid Price

(In Figures)

Total in Dollars

18” Gate Valve and Piping on Cornflower

Basis of Award: The basis of award shall be at the Owner’s sole discretion, contingent on the Bid Price.

The grand total of the Bid, inclusive of all items, will be used to determine the lowest responsive bidder.

Contract to be awarded to the lowest responsible and eligible bidder in compliance with Sections 39M inclusive of Chapter 30 of the General Laws of the Commonwealth of Massachusetts.

Requirements: Specific items of this Contract may be eliminated or reduced in quantity to keep within limits of available funding, at the OWNER’S option. All of the above items shall include all labor, materials, equipment, hauling, disposal, transportation, overhead, profit and insurance to cover the work as required in the Contract Documents.

An unbalanced or unreasonable lump sum and/or unit price submitted herein may be considered as non-responsive to the Instructions to Bidders.

The bid security accompanying this BID shall be in the amount of five percent (5%) of the BID.

The Bidder, by submission of this BID, agrees with the Owner that the amount of the bid security deposited with this BID fairly and reasonably represents the amount of damages the Owner will suffer due to the failure of the Bidder to fulfill his agreements as above provided.

As provided in the INSTRUCTIONS TO BIDDERS, the Bidder hereby agrees that its bid shall be good and may not be withdrawn for a period of thirty (30) days, excluding Saturdays, Sundays, and legal holidays, after the opening of the bids, and that, if the Owner shall accept this BID, the Bidder will supply the required Bonds and Certificate of Insurance within ten (10) days after the notice of award is received, prior to the contract execution. The Bidder will duly execute and acknowledge the AGREEMENT and furnish, duly executed and acknowledged, within ten (10) days after notification that the AGREEMENT and other Contract Documents are ready for signature.

If this BID is accepted by the Owner, the undersigned agrees to complete the work by October 31, 2027, as stipulated in the AGREEMENT. Liquidated damages for each calendar day of delay shall be $500 as stipulated in the AGREEMENT. The Bidder will also be required to pay for any and all police details required for the project should construction continue past the determined substantial completion date.

Police details required after the determined substantial completion date will not be eligible for reimbursement by the Town.

A performance bond and performance bond in an amount equal to 100 percent of the total amount of the bid with a surety company qualified to do business in the Commonwealth of Massachusetts will be required for the faithful performance of the contract, as well as a labor and materials bond in an amount equal to 100 percent of the total bid amount.

Should the Bidder fail to fulfill any of his agreements as hereinabove set forth, the Owner shall have the right to retain as liquidated damages the amount of the bid check or cash which shall become the

Owner's property. If a bid bond was given, it is agreed that the amount thereof shall be paid as liquidated damages to the Owner by the Surety.

A retainage amount to 5% of the value of work completed will be held from reimbursement until the project is substantially completed, at which time the retainage will be reduced to 1%. Substantial completion will be considered when the final placement of asphalt and concrete are completed. Final completion shall be considered upon completion of “punchlist” work and the final invoice has been received by the Town, and is when retainage will be reduced to 0%

The undersigned as Bidder, hereby certifies that he is aware of the applicable requirements of the

Williams-Steiger Occupational Safety and Health Act of 1970. (O.S.H.A.), and all latest revisions thereto, and that this Proposal is prepared on the basis of compliance with those requirements.

The undersigned as Bidder, hereby certifies that he will maintain records in reasonable detail, which accurately and fairly reflect the financial transactions and disposition of the Bidder, in accordance with

M.G.L. Chapter 30, Section 30R.

The undersigned hereby certifies that he is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed on the work and that he will comply fully with all laws and regulations applicable to awards made subject to MGL Ch. 30, Section 39M. The bidding and award of the contract will be in full compliance with Section 39M inclusive of Chapter 30 of the General Laws of the Commonwealth of Massachusetts as last revised.

The undersigned further certifies under penalty of perjury that the said undersigned is not presently debarred from doing public construction work in the Commonwealth under the provisions of section twenty-nine F of chapter twenty-nine, or any other applicable debarment provisions of any other chapter of the General Laws or any rule or regulation promulgated thereunder.

Pursuant to G.L. c.62C, §49A, the undersigned bidder certifies under penalties of perjury that he/she/it has complied with all laws of the commonwealth relating to taxes, reporting of employees and contractors, and withholding and remitting child support.

The undersigned certifies under penalties of perjury that this bid is in all respects bona fide, fair and made without collusion or fraud with any other person. As used in this paragraph the word "person" shall mean any natural person, joint venture, partnership, corporation or other business or legal entity.

This Proposal must bear the written signature of the Bidder or that of his duly authorized agent. If the

Bidder is a corporation or a partnership, the bid must be signed by a duly authorized officer of such corporation or by a Partner and the title of such officer must be stated. Satisfactory completion of the following data is an essential part of submission of this Proposal and is required. Bid must be embossed with a corporate seal.

Authorized Signature:

Print Name:

Title:

Date:

CERTIFICATE AS TO CORPORATE BIDDER

I, ___________________________ certify that I am the _________________________of the corporation named as bidder in the within bid form; that ______________________ , who signed said bid form on behalf of the bidder was then of said corporation; that I know his signature; that his signature thereto is genuine and that said bid form was duly signed, sealed and executed for and in behalf of said corporation by authority of its governing body.

(Corporate Seal)

Dated:_________________________ _____________________________ Secretary – Clerk

BIDDER INFORMATION

Number of years contractor has been in business under present business name:

Number of years contractor has performed water distribution system improvements:

Has the contractor been involved in a Chapter 11 bankruptcy proceeding within the past ten years?

Has the contractor ever failed to complete any work awarded?

Has the contractor been involved in non-accident related litigation in the past five years?

Has the contractor been involved in any formal legal action pertaining to contracts in the past five (5) years?

Has the contractor been involved in any “quasi-judicial” action involving contracts within the last five years?

IF YES TO ANY OF THE ABOVE, PLEASE PROVIDE ADDITIONAL DETAILS (ATTACH ADDITIONAL SHEETS IF NEEDED); FOR LITIGATION AND LEGAL ACTION PLEASE SPECIFY ALL PARTIES INVOLVED AND THE

RESOLUTION OF THE MATTER:

LABOR HARMONY AND OSHA TRAINING CERTIFICATION

The undersigned certifies under penalties of perjury:

(1) that he is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed in the work;

(2) that all employees to be employed at the worksite will have successfully completed a course in construction safety and health approved by the United States Occupational Safety and Health

Administration that is at least 10 hours in duration at the time the employee begins work and who shall furnish documentation of successful completion of said course with the first certified payroll report for each employee; and

(3) that all employees to be employed in the work subject to this quote have successfully completed a course in construction safety and health approved by the United States Occupational Safety and Health Administration that is at least 10 hours in duration

CERTIFICATE OF NON-COLLUSION

The undersigned certifies under penalties of perjury that this proposal or proposal has been made and submitted in good faith and without collusion or fraud with any other person. As used in this certification, the word "person" shall mean any natural person, business, partnership, corporation, union, committee, club, or other organization, entity, or group of individuals.

TAX COMPLIANCE CERTIFICATION

Pursuant to M.G.L. c. 62C, §49A, I certify under the penalties of perjury that, to the best of my knowledge and belief, I am in compliance with all laws of the Commonwealth relating to taxes, reporting of employees and contractors, and withholding and remitting child support.

CERTIFICATE OF COMPLIANCE - PREVAILING WAGE LAW

Pursuant to M.G.L. Chapter 149 section 27B, every contractor or subcontractor on a public works project must submit a certified payroll to an awarding authority every week. This requirement is necessary to enforce Prevailing Wage Law.

In addition, contractors must submit documentation of successful completion of the OSHA 10 course with the submission of the first prevailing wage certified payroll report (CPR) for each employee.

The undersigned hereby certifies under penalties of perjury that certified payroll sheets and OSHA 10 documentation (as required) will be submitted to the Town of West Springfield every week for the duration of the contract. Failure to submit certified payroll sheets will be considered a breach of contract.

DEBARMENT DISCLOSURE FORM

The said undersigned certifies under penalties of perjury that the said undersigned is not presently debarred from doing public construction work in the Commonwealth of Massachusetts under the provisions of Section 29F of Chapter 29 of the General Laws, or any other applicable debarment provisions of any other Chapter of the General Laws, or any Rule or Regulation promulgated thereunder.

BID SIGNATURE PAGE (Individual)

Bidder Legal Name:

Bidder Address:

City, State, Zip:

Telephone Number:

Email Address:

Name of Individual

Authorized to Sign:

Title of Individual

Authorized to Sign:

Signature Date

BID SIGNATURE PAGE (Partnership)

(must be signed by ALL general partners)

Partnership Name:

Bidder Address:

City, State, Zip:

Telephone Number:

Email Address:

Names of All Partners:

Partner Signature Date

BID SIGNATURE PAGE (LLC)

A bid submitted by a limited liability company (LLC) must be executed by an individual authorized to sign and bind the LLC. Evidence of the signer's authority to execute and submit the bid on behalf of the LLC must accompany the bid.

Name of LLC:

Street Address:

City, State, Zip:

Telephone Number:

Email Address:

Name of Authorized Signer:

Title/Capacity:

Authorized Signer:

Name of Authorized Signer:

Title/Capacity:

Signature of Authorized Signer:

If you are a foreign (out of state) LLC, are you registered with the Secretary of the Commonwealth in accordance with the provisions of M.G.L. Chapter 156D § 15.03?

_______ Yes _______ No

BID SIGNATURE PAGE (Corporation)

Name of Corporation:

Address:

City, State, Zip:

Telephone Number:

Email Address:

Name of Duly Authorized Corporate Officer:

Title of Duly Authorized Corporate Officer:

Signature of Duly Authorized Corporate Officer Date

Signature of Clerk Date

Affix Corporate Seal Please furnish the following additional information:

State of Incorporation:

President Name:

Treasurer Name:

Secretary Name:

If you are a foreign (out of state) corporation, are you registered with the Secretary of the Commonwealth in accordance with the provisions of M.G.L. Chapter 156D § 15.03?

_______ Yes _______ No

If you are selected for this work, you are required, under M.G.L. Chapter 30 §39L, to obtain from the Secretary of State, Foreign Corporation Section, a certificate stating that your corporation is registered, and to furnish said certificate to the Town of West Springfield before award.

APPENDIX A: CONTRACT & GENERAL CONDITIONS

CONSTRUCTION CONTRACT

PURSUANT TO M.G.L. C. 30, § 39M

This Contract is entered into on, or as of, this date by and between the Town of West Springfield (the "Town"), and

("Contractor")

(Address of the Contractor)

(Telephone) (Email) (Website) (Telephone) (FAX)

1. This is a Contract for the procurement of the following:

2. The Contract price to be paid to the Contractor by the Town of West Springfield is:

3. Payment will be made as follows:

4. Definitions:

a. Acceptance: All Contracts require proper acceptance of the described good or services by the Town of West Springfield. Proper acceptance shall be understood to include inspection of goods and certification of acceptable performance of services by authorized representatives of the Town to insure that the goods or services are complete and are as specified in the Contract.

b. Contract Documents: All documents relative to the Contract including (where used) Instructions to Proposers, Proposal Form, General Conditions, Supplementary General Conditions, General Specifications, Other Specifications Included in Project Manual, Drawings, and all Addenda issued during the proposal period. The Contract Documents are complementary, and what is called for by any one shall be as binding as if called for by all. The intention of the documents is to include all labor and materials, equipment and transportation necessary for the proper performance of the Contract.

c. The Contractor: The "other party" to any contract with the Town. The term shall (as the sense and particular contract so require) include Vendor, Contractor, Engineer, or other label used to identify the other party in the particular Contract, Use of the term "Contractor" shall be understood to refer to any other such label used.

d. Date of Substantial Performance: The date when the work is sufficiently complete, the services are performed, or the goods delivered, in accordance with Contract Documents, as modified by Amendments and Change Orders.

e. Goods: Goods, Supplies, or Materials.

f. Subcontractor: Those having a direct Contract with the Contractor. The term includes one who furnished material worked to a special design according to the Drawings or Specifications of this work, but does not include one who merely furnishes material not so worked.

g. Work: The services or materials contracted for, or both

5. Terms of Contract and Time for Performance: This Contract shall be fully performed by the Contractor on or before unless extended pursuant to a provision for extension contained in the Contract Documents at the sole discretion of the Town, and not subject to assent by the Contractor, and subject to the availability and appropriation of funds.

The time limits stated in the Contract Documents are of the essence of the Contract.

6. Subject to Appropriation: Notwithstanding anything in the Contract Documents to the contrary, any and all payments which the Town is required to make under this Contract shall be subject to appropriation or other availability of funds as certified by the Town Accountant.

7. Permits and Approvals: Permits, Licenses, Approvals and all other legal or administrative prerequisites to its performance of the Contract shall be secured and paid by the Contractor.

8. The Contractor's Breach and the Town's Remedies: Failure of the Contractor to comply with any of the terms or conditions of this Contract shall he deemed a material breach of this Contract, and the Town of West Springfield shall have all the rights and remedies provided in the Contract Documents, the right to cancel, terminate, or suspend the Contract in whole or in part, the right to maintain any and all actions at law or in equity or other proceedings with respect to a breach of this Contract including damages and specific performance and the right select among the remedies available to it by all of the above.

9. Statutory Compliance:

a. This Contract will be construed and governed by the provisions of applicable federal, state and local laws and regulations; and wherever any provision of the Contract or Contract Documents shall conflict with any provision or requirement of federal, state or local law or regulation, then the provisions of law and regulation shall control. Where applicable to the Contract, the provisions of General Laws are incorporated by reference into this Contract, including but not limited to the following:

● General Laws Chapter 30B: Procurement of Goods and Services.

● General Laws Chapter 30 Sec. 39, et seq: Public Works Contracts.

● General Laws Chapter 149, Sec. 44A, et seq: Public Buildings Contracts.

b. Wherever applicable law mandates the inclusion of any term and provision into a municipal contract, this Section shall be understood to import such term or provision into this Contract. To whatever extent any provision of this Contract shall be inconsistent with any law or regulation limiting the power or liability of cities and towns, such law or regulation shall control.

c. The Contractor shall give all notices and comply with all laws and regulations bearing on the performance of this Contract. If the Contractor performs the Contract in violation of any applicable law or regulation, the Contractor shall bear all costs arising there from.

d. The Contractor shall keep itself fully informed of all existing and future State and National Laws and Municipal Bylaw and regulations and of all orders and decrees of any bodies or tribunals having jurisdiction in any manner affecting those engaged or employed in the work, of the materials used in the work, or in any way affecting the conduct of the work, if any discrepancy or inconsistency is discovered in the Drawings, Specifications or Contract for this work in violation of any such law, by-law, regulation, order or decree, it shall forthwith report the same in writing to the Town. It shall, at all times, itself observe and comply with and shall cause all its agents, employees and Subcontractors to observe and comply will all such existing and future laws, by-laws, regulations, orders and decrees; and shall protect and indemnify the Town of West Springfield, and its duly appointed agents against any claim or liability arising from or based on any violation whether by him or its agents, employees or Subcontractors or any such law, by-law, regulation or decree.

10.Conflict of Interest: Both the Town and the Contractor stipulate to the applicability of the State…